The Kay Company, LLC et al v. Equitable Production Company et al, No. 2:2006cv00612 - Document 226 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION & ORDER directing Class Counsel to submit more detailed affidavits of hours, rates and expenses; a more detailed record will assist in my determination of a reasonable award. Signed by Judge Joseph R. Goodwin on 5/17/2010. (cc: attys; any unrepresented party) (mkw)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION THE KAY COMPANY, et al., Plaintiffs, v. CIVIL ACTION NO. 2:06-cv-00612 EQUITABLE PRODUCTION CO., Defendant. MEMORANDUM OPINION & ORDER Pending before the court is Class Counsel s Motion for Award of Attorney Fees, Incentive Awards for Class Representatives, and Reimbursement of Expenses [Docket 215]. Class Counsel Marvin Masters declares that [b]ased upon written representations . . . by all class counsel, class counsel and their firms expended 4,735.70 hours of time by attorneys and support personnel over a period from 2005 to the present. (Mot. Attorney Fees, Ex. A ΒΆ 6.) Masters also declares that the administration of this case will likely require an additional 1,200 hours of time. (Id.) Class Counsel further notes that [a]ffidavits of hours, rates, and expenses will be provided to the Court if requested. (Mot. Attorney Fees 8 n.6.) In the past I have awarded class action attorney fees as a percentage of the settlement amount, using the lodestar method as a cross-check. Jones v. Dominion Res. Servs., Inc., 601 F. Supp.2d 756 (S.D W. Va. 2009). In order to apply the cross-check most effectively, the court ORDERS Class Counsel to submit more detailed affidavits of hours, rates, and expenses. A more detailed record will assist in my determination of a reasonable award. See Fed. R. Civ. P. 23(h). The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: May 17, 2010
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